Getting laid off on a visa is stressful enough. A looming government shutdown can make it feel even more uncertain.

For H‑1B workers, a layoff is both a career event and an immigration event. There are real timelines and rules, but there are also more options and “safety valves” than many people realize. When you add the possibility that government systems may slow down or pause, it becomes even more important to move carefully, get clear on the facts, and avoid quick decisions made from panic. This article offers a calm, practical framework for navigating that period.

1. Get clarity on your real last day

After a layoff, one of the most important details is your actual last day of employment. That date is set by your employer, and it may be different from the day you were notified. Sometimes it lines up with the end of a pay period, a notice period, or severance.

Your potential 60‑day grace period is generally measured from that employer‑defined last day, not the date of the layoff meeting. Knowing that date can help you understand how much time you may have to regroup. As soon as you can, ask HR to confirm in writing your effective separation date. Keeping that confirmation with your immigration documents gives you a solid starting point.

If things change, for example your role is extended for a few weeks or your date shifts, ask for updated confirmation. Treat the last day date as a key fact, not a guess.

2. Consider B‑2 change of status as a breathing room tool

Many people feel uneasy when they first hear about a “change of status to B‑2 visitor.” It can sound like a step backwards. In practice, it is a well‑established option that can create some breathing room when your job ends, especially in uncertain times.

On H‑1B, your status is tied to doing specific work for a specific employer. When that job ends, a limited grace period may allow you to stay in the U.S. while you decide your next steps. A B‑2 change of status request can help you move into a visitor posture, essentially saying, “I am here temporarily to close things out and plan what comes next.” It does not authorize work, but it can support a more orderly transition and may give you additional time to make decisions.

A possible government shutdown can make B‑2 even more relevant. For a new employer to file an H‑1B change of employer, they need a certified Labor Condition Application (LCA) from the Department of Labor (DOL). If the DOL is closed because of a shutdown, employers might not be able to file as quickly as they usually would. A timely filed B‑2 request can be one way to stay in the U.S. while job discussions continue and while everyone waits for systems to fully reopen.

A few points to keep in mind:

• You can file this B‑2 request online.
• It is usually better to file sooner rather than at the last minute, while you are still within your grace period.
• It is one tool among several. Some people will later change back from B‑2 to H‑1B or another status; others decide to depart.

3. Treat travel as a thoughtful choice

After a layoff, it is very natural to want to travel, especially to see family and recharge. Travel can be a healthy choice, but it does have immigration consequences that are worth understanding before you book a ticket.

In general, leaving the U.S. during a grace period window means that particular period does not continue after you depart. Any future return on H‑1B would depend on having a new, approved petition and an employer willing and able to sponsor you from where you are. That is where the new $100k H‑1B fee comes in: it turns what used to be a relatively routine filing into a very expensive decision. For some companies, that price tag will be a hard stop on sponsoring someone who has already left the U.S., even if they like the candidate.

None of this means you must stay or must leave. Instead, it suggests that travel decisions are worth treating as strategic rather than automatic. Before you go, it can help to:

• Talk with an immigration lawyer about how departure would affect your timing and options.
• Discuss with any prospective employer on how they view sponsorship if you are outside the U.S.
• Think about your own priorities: emotional support, children’s schooling, finances, and long-term plans.

For some people, staying in the U.S. for a period, possibly supported by a B‑2 request, feels safer. For others, going home and planning a next chapter from there is the right call. The important thing is to choose with as much information as possible.

4. Be cautious about overstays and “hallway advice”

One of the biggest risks in this moment is quietly slipping out of status because you were relying on something you once heard from a friend, a manager, or a WhatsApp group. Rules around status and unlawful presence are technical, and small differences in facts can mean the outcome is very different from what you expected.

A key concept is your I‑94 record, which shows how long you are admitted to stay. If your I‑94 has already expired and you are in the U.S. only because an extension was timely filed, your grace period options are narrower. In other situations, you may still have a more comfortable cushion. The details matter: exact dates, which petitions were filed, how they were filed, and whether they were timely and non‑frivolous.

If someone tells you, “You still get 60 days, you’re fine” or “You can sort out an overstay later,” take that as a reminder to slow down and get legal advice, not as reassurance. Overstays can make future filings harder, limit how easily you can change employers, and complicate a return to the U.S. later. People do recover from mistakes, but it is usually more stressful and more expensive than avoiding the problem in the first place.

One proactive step some people consider, especially if they sense layoffs may be coming, is upgrading pending H‑1B extensions to premium processing at their own expense. Having an approved petition and clear I‑94 can bring more predictability if a layoff happens. This is not the right move for everyone, but it is an example of a small action that can expand options.

5. Build a personal plan around your facts

Every layoff story is different. Factors like your I‑94 dates, how long you have been in H‑1B status, your spouse’s situation, children’s schooling, savings, and the specific role you work in all shape what makes sense next. On top of that, a potential government shutdown can slow down parts of the system without stopping everything, which adds another layer of nuance.

Instead of following a generic playbook, it can help to:

• Collect key documents: approval notices, I‑94 printouts, pay stubs, your layoff notice, and any separation or severance agreement.
• Make a simple timeline: last day of work, last day on payroll, I‑94 expiry, and any important family dates (school terms, lease end, and similar milestones).
• Have an initial consultation with an immigration attorney who handles employment-based cases. Sharing your actual documents and dates allows for more tailored guidance.
• Communicate honestly with prospective employers about timing, especially if their ability to file is affected by a shutdown.

You did not choose this timing, and it is reasonable to feel anxious. At the same time, many people in similar situations do find paths forward: new roles, different statuses, or thoughtful transitions to another chapter. The goal is not to solve everything overnight, but to take steady, informed steps rather than reacting from fear.

⚖️ This article is general information, not legal advice. If you have been laid off or are worried you might be, consider speaking with an immigration lawyer who can review your specific documents, dates, and history before you make major decisions.